While federal law TEA-21 prohibits open containers in any motor vehicle, there is no federal law regarding passengers who drink on minibuses, charter buses, or other vehicles transporting people for compensation. Some states would, other states have open container laws such as open containers within reach of the driver or accessible by the driver. So, it would really depend on what the laws in your state are. The open container law for drivers and passengers in New York City and beyond is Section 1227 of New York's Vehicle Traffic Act %26.Under this law, it is illegal to have open containers of alcoholic beverages in your car, both as a driver and as a passenger.
This law applies whether you are driving on a public road or if you are parked. A person may not have in possession of that person, while in or in a private motor vehicle, on a public road or in an area used primarily for public parking, any bottle or container containing alcoholic beverages that has been opened, or whose seal is broken, or whose contents have been partially removed. Vehicle Code §23226 (a) It is illegal for any driver to store in the passenger compartment of a motor vehicle, when the vehicle is on a road or on land, as described in subdivision (c) of §23220, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or a seal broken. or whose content has been partially removed.
Vehicle Code §23223 (a) A driver shall not have in his possession, while in a motor vehicle on a highway or on land, as described in subdivision (c) of §23220, any bottle, can or other container containing any alcoholic beverage that has been opened or a broken seal, or the contents of which have been partially deleted. Vehicle Code §23222 (a) A person must not have in his possession, while driving a motor vehicle on a highway or on land, as described in subdivision (c) of §23220, a bottle, can or other container containing an alcoholic beverage that has been opened or a broken seal, or the contents of which have been removed partially. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be illegal for the bus or limousine driver to consume or have in the immediate possession of the driver any intoxicating beverage or low-point beer. It is a crime for the owner of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is on a street or road any bottle or container containing an alcoholic beverage, distilled alcohol or 3.2% malt liquor that has been opened, the seal has been broken or whose contents have been partially removed.
NEW YORK (CBSNewYork) - New legislation could curb alcohol consumption by minors on party buses in New York. However, nothing in this section shall prohibit the possession of an open container for alcoholic beverages by a person who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons in exchange for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motorhome, or coach. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed, and the physical appearance or conduct of the driver of the vehicle motor or passenger may be associated with the consumption of an alcoholic beverage. It is an offence for a person to have in possession, while in a private motor vehicle on a street or road, any bottle or container containing a 3.2% alcoholic beverage, distilled liquor or malt liquor that has been opened, or the seal broken, or whose contents have been partially removed.
The other exception applies to driving home with a partially drunk bottle of wine from a restaurant that has a license to sell wine. . .